6th February 2025 | News
ECRE has published a comments paper on the Regulation introducing the screening of third-country nationals at the external borders, commonly known as the Screening Regulation. The Screening Regulation was adopted in June 2024 as one of the central pillars of the reformed Common European Asylum System (CEAS).
This comments paper is the latest in the series of ECRE analyses of the legislation that collectively forms the Pact on Migration and Asylum. It follows comments papers on the Regulation on Asylum and Migration Management, the Regulation on Addressing Situations of Crisis and Force Majeure in the Field of Migration and Asylum, the Directive Laying Down Standards for the Reception of Applicants for International Protection and the Regulation establishing a Common Procedure for International Protection in the EU. It should be read together with the ECRE comments paper on the European Commission proposal for a Screening Regulation.
Unlike other legal instruments in the Pact, the Screening Regulation does not modify existing rules. Instead, it codifies practices often previously undertaken informally or only formalised in law or policy at the national level which form part of external border management. While it is presented as a new legal instrument, its provisions largely reflect existing processes at EU borders. The screening process is designed to either “seamlessly complement” external border checks or to compensate for their absence during border crossings. In addition, the Screening Regulation establishes rules to support border authorities in managing large-scale arrivals and to prevent absconding and secondary movements of international protection applicants.
ECRE has consistently voiced concerns about the Regulation’s implications for fundamental rights and the protection of vulnerable individuals. In this context, it has emphasised the potential for systemic human rights violations and provided detailed recommendations to address these issues and to improve the legislative framework.
The comments paper is available here.
